Mrityunjay Barman Vs the State of Assam and Ors.

Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 2 and 7; and Mr. P.K. Borah, learned standing counsel for the respondent Nos. 3, 4, 5 and 6.

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The grievance, being sought to be addressed in this petition, is that the father of the petitioner, namely, Late Ratan Kumar Barman, who was serving as Hindi Teacher in Shree Hindi M.E. School, under the Deputy Inspector of Schools, Barpeta, died in harness on 24.03.2016. Thereafter, the petitioner had filed an application on 09.06.2016, for being appointed on compassionate ground in any Grade-IV post and thereafter, the case of the of the petitioner was placed before the District Level Committee, Barpeta, in its meeting, dated 02.11.2017, but his application stood rejected due to want of vacant post. Being aggrieved, the petitioner had approached this Court by filing WP(C) No. 6860/2022, and this Court, vide order dated 06.12.2022, directed the District

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Elementary Education Officer, Barpeta to place of the case of the petitioner for appointment on compassionate ground before the next DLC. However, the case of the petitioner has not been placed before the DLC till date, and in the meantime, the Commissioner and Secretary to the Government of the Assam, Personnel (B) Department had issued Office Memorandum, dated 18.09.2024, resolving not to place cases for appointment on compassionate ground before any DLC or SLC. Being aggrieved, some applicants filed different writ petitions challenging the said O.M. dated 18.09.2024, and thereafter, this Court, vide order dated 03.04.2025, in WP(C) No. 342/2025 and other connected writ petitions, directed that all the applications for compassionate appointment submitted by the petitioners therein shall be considered by the concerned DLC/SLC on merit by taking into consideration the various guidelines prior to 01.04.2017. Thereafter, the Government of Assam, Personnel Department had issued a notice dated 30.08.2025, inviting the petitioners who have challenged the O.M. dated 18.09.2024, including the similar petitions which have been disposed of by this Court by referring to the order dated 03.04.2025, to submit the documents in the prescribed format to the Secretary to the Government of Assam, Personnel Department, by registered post on or before 15.09.2025. Consequently, the petitioner has approached this Court again challenging the O.M. dated 18.09.2024 and praying for a direction to the respondent authorities to consider his application for appointment on compassionate ground.

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Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 2 and 7 submits that he has no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next DLC, Barpeta.

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Mr. Borah, learned standing counsel for the respondent Nos. 3, 4, 5 and 6

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submits that the DLC, Barpeta, in its meeting held on 07.02.2024, had already approved the proposal of the petitioner and forwarded the same to the Government to place the same before the next SLC. Mr. Borah also submits that now the respondent authorities will place the same before the SLC.

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Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the notice dated 30.08.2025.

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Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent authorities to place the recommendation of the DLC, Barpeta in respect of the petitioner before the next SLC and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law.

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The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order.

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The petitioner shall obtain a certified copy of this order and shall place the same along with all requisites in terms of the notice dated 30.08.2025, before the respondent authorities within a week from today.

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In terms of above, this writ petition stands disposed of.

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Mrityunjay Barman v. the State of Assam and Ors.

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Mrityunjay Barman v. the State of Assam and Ors.

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